Sexual Assault Charges in Denver

Sep 13, 2017

Sexual Assault Charges in Denver

Posted By
Joseph A. Lazzara

Are you being accused of sexual
assault in Denver or anywhere in Arapahoe County? If so, it’s important
that you understand the seriousness of these accusations. Under Section
18-3-402 of the Colorado Revised Statutes, a person commits the offense
of sexual assault if he or she “knowingly inflicts sexual intrusion
or sexual penetration on a victim” and:

The actor caused the victim to submit against their will; or

The actor knew the victim was unable to understand the actor’s conduct; or

The actor is aware that the victim submitted erroneously, believing the
actor was in fact the victim’s husband or wife; or

The victim was under the age of 15 and the actor was four or more years
older than the victim; or

The victim was 15 or 16 and the actor was 10 or more years older than the
victim; or

At the time of the assault, the victim was being detained in a hospital,
institution, or in custody of law enforcement; or

The victim was physically unable to consent; for example, the victim was
asleep, drugged, or passed out.

Under Colorado law, sexual assault can be prosecuted as a Class 2
felony, Class 3 felony, Class 4 felony, or Class 1
misdemeanor depending on the facts of the case. For example, sexual assault is a
Class 2 felony if the victim is seriously injured or if the actor was physical assisted
with the help of one or more people.

Sexual assault is a
Class 3 felony if the actor applied physical violence or force against the victim in
order to get them to submit. To illustrate: If a man were to slap or punch
a female victim in order to get her to submit, it would be considered
a Class 3 felony.

To learn more about the classifications for sexual assault in Colorado,
click here. For information regarding the penalties for sexual assault and to fight
your charges,
contact my firm to schedule a free consultation.